Forums: Discussions for entrepreneurs and small business.

 

I have a question concerning infringement.  If I were to produce a bakery product, such as a cake....can I use a recognized image such as a company logo or pattern that is clearly recognizable on this product?   Does it need to be changed to a degree to avoid infringement issues?  Would appreciate your comments. 

No you can`t use their logo or even one confusingly similar.

If your product is successful and you build brand recognition with their "modified" logo and they come after you, (even though you and your lawyer feel a court may side with you) you could be forced to change (or not if you win). 

1) if you are forced to change, all that brand goodwill you built is gone.

2) why would you want to risk entering costly legal battles?

my advice is not based on patent law but common sense and marketing. 

Design your own clever logo.

patent law is not at issue even a little bit.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Well, but trademark law I think is a little bit of an issue. :-)

Yes, I meant IP law in general.